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070610 Planning00 r City of New Hope Meeting Date: July 6, 2010 Report Date: July 1, 2010 Planning Case: 09 -16 Petitioner: Clearwire Communications, LLC Address: 7716 Winpark Drive Project Name: NA Project Description: Cellular phone tower Planning Request: Conditional Use Permit for Personal Wireless Service Antenna Tower I. Type of Planning Request Conditional Use Permit. A conditional use is a land use designated in a zoning ordinance that is allowed in a zoning district so long as certain standards are met. The zoning ordinance details both general standards that apply to all conditional uses, as well as specific standards that apply to a particular conditional use in a given zoning district. A conditional use permit is permission a city grants to a particular use only when the general and specific ordinance standards have been met by the applicant. The use is allowed only if the special concerns outlined in the zoning ordinance are addressed. Often the city may add additional conditions of approval, including those not specifically outlined in the ordinance, before permission is granted to the use. A city exercises so- called "quasi- judicial" authority when considering a CUP application. This means that the city's role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards. If the applicant meets the standards, then the CUP should be granted. A CUP may be amended in the future if conditions change. An amendment is a change to the original CUP that allows for a significant change in size, circumstances, or scope of operations allowed by the original CUP. 11. Zoning Code References Section(s) 4 -3(1) 4- 20(e)(8) 4 -33 III. Property Specifications Zoning: General provisions, personal wireless service antenna towers Conditional uses, personal wireless service antenna towers Administration, conditional use permits Industrial Planning Case Report 09 -16 Page 1 7/1/10 Location: North side of Winpark Drive, west of Winnetka Avenue. Adjacent Land Uses: CB, Community business to the north, R -4, High density residential to the northeast, and I, Industrial to the west, south and southeast. Site Area: 2.96 acres or 128,815 square feet Building Area: NA Lot Area Ratios: Building area: NA Paved area: NA Green area: NA Planning District: This property is located in Planning District 15N. This planning district calls for the continued re -use and redevelopment of underutilized industrial properties. This improvement utilizes an existing undeveloped area. Additionally, while the Comprehensive Plan does not specifically address cellular phone service, the plan does call for utilizing new technologies to better serve businesses and residents and promoting the investment in area infrastructure. IV. Background Clearwire Communications, LLC, an affiliate of Sprint, has requested to construct a 65 foot tall cellular phone antenna tower at 7716 Winpark Drive. Sprint will lease a ten foot by ten foot area in the northwest corner of the property. This space will include the cell phone tower, the equipment cabinet and security fencing. The tower is proposed as a 4G tower, a high speed phone - internet connection known as WiMAX (a more powerful Wi -Fi connection). This tower is proposed to close an existing coverage gap in New Hope and Crystal. The original application was filed in November of 2009. It proceeded through the Design and Review process in November and at that time it was determined that the application was not complete as it was missing several items. Before the application could proceed to the full Planning Commission, the missing items needed to be addressed. It took several months over back and forth communication between the city and the applicant before the requested items were received. During that time, the applicant waived the requirements of the 60 -day rule for planning applications. The applicant requested to be on numerous Planning Commission agendas and a public notice for a public hearing was published for the April Planning Commission meeting but the promised deliverables were not received from the applicant. Since then, the applicant has submitted completed plans and, as such, staff has scheduled the public hearing for the July Planning Commission meeting. V. Petitioner's Comments Essential services for the benefit of the general public. This site will connect with other sites planned in New Hope to complete the coverage requirement for your area. VII. Zoning Analysis A. Plan Description Planning Case Report 09 -16 Page 2 7/1/10 1. Setbacks (Tower Placement) Cell phone towers, as required by City Code, must be placed back 75 percent of the tower's height from adjoining property lines. The proposed tower will be 65 feet in height which results in a setback requirement of 48.75 feet. Clearwire has proposed a setback of 51 feet from the property to the north. This meets the city's standards. Additionally, all cell phone towers must be setback 50 percent of the height from any buildings on the property. The proposed 65 foot tall tower would therefore require a setback from the building of 32.5 feet. As proposed, there would be a setback of 112 feet which more than exceeds the requirement. All towers in the city must maintain a minimum separation of 1,000 feet from existing towers. The applicant has submitted an aerial photograph with a 1,000 foot radius circle showing that no other towers exist in proximity to the proposed tower. Finally, at 65 feet the tower more than meets the height maximum of 145 feet. 2. Circulation Access Traffic and Emergency Vehicle Access The tower will be accessed by a 12 foot easement which will be secured by the applicant. The easement will include existing paved areas and a new paved access road completed by the applicant. Traffic to the tower site will be minimal - only a handful of times per month at the most. The site has adequate access. No parking is required for this improvement. Sprint service trucks will have adequate space to temporarily park a vehicle in the existing drive area. 3. Screening and Security The tower is located at the rear of the property in an area that is fairly isolated from its neighbors. The base of the tower and the mechanical cabinet will be screened and protected by a wood fence. The code requires a security fence eight feet in height and only a six foot tall fence has been proposed. While the code requires an anticlimbing device for cell phone towers, because the proposed tower is a monopole type tower (a slender pole with no ladder), staff believes the anticlimbing device to be unnecessary. In researching monopole towers, staff has been unable to find a company that provides anticlimbing devices for monopole towers without ladders. The ordinance requiring anticlimbing devices was written before monopole technology existed and as such, staff suggests the ordinance be updated to reflect this change. 4. Lighting Plan No lighting is included in the plans. Lighting is only required by the Federal Aviation Administration (FAA) on towers over 200 feet. 5. Signage No advertising is proposed or will be allowed to be attached to the tower. Emergency contact informational signage should be included in the project. Planning Case Report 09 -16 Page 3 7/1/10 6. Color Cell phone towers in the city must be painted silver or have a galvanized finish. The tower is proposed to be painted grey which will meet city standards. B. Zoning Code Criteria Conditional use permit. The purpose of a conditional use permit is to provide the city with a reasonable and legally permissible degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making a determination, to allow a conditional use permit application, the city may consider the nature of the adjoining land or buildings, similar uses already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and any other factors bearing on the general welfare, public health and safety from the approval of the conditional use permit. Findings Staff believes the applicant has met most of the requirements of the CUP for cell phone towers in the I zoning district. The proposed project will benefit the surrounding neighborhood and businesses by providing increased cellular and internet service. As such, the CUP should be granted with a few conditions. C. Design and Review Committee The Design and Review Committee met on November 11, 2009, to discuss the proposal. The Committee was generally supportive of the proposal but required additional information from the applicant before the application could be considered complete and the project move forward. As stated previously, the project was held up for months while the city waited for additional information. In the mean time, the applicant waived the requirements of the 60 -Day Rule. Since the Design and Review Committee meeting in November, the applicant has met most of the requirements. Because many of the issues related to cell phone towers are relatively simple, staff determined a second Design and Review Committee review was not necessary. D. A proval 1. CUP 2. Timeline a. Date Application Received: 11/6/09 b. End of 60 -Day Decision Period: 1/5/10 c. Date city received waiver of 60 -Day Rule: 2/10/10 VI. Notification Property owners within 350 feet of the property were notified and staff has received no comments. VIII. Summary Clearwire Communications, LLC, an affiliate of Sprint, has proposed to construct a 65 foot personal cellular phone tower at 7716 Winpark Drive. Clearwire proposes to construct the tower and equipment cabinet in the northwest corner of the property, behind the existing building. An easement will be Planning Case Report 09 -16 Page 4 7/1/10 secured with the property owner to provide Sprint with access to the tower. The proposal meets a majority of the requirements of a CUP for a cell tower in the industrial zoning district. IX. Recommendation The applicant has met a majority of the requirements of the CUP for a cell tower. Staff recommends approval with the following conditions: 1. Enter into site improvement agreement and provide financial guarantee. 2. Construct an eight foot security fence (building permit required). Attachments: • Application • Applicant narrative • Property owner /occupant support letter • Maps /aerial photographs • Plans • Planning Memorandum (November 9, 2009) • Application log Planning Case Report 09 -16 Page 5 7/1/10 A ely Lec/ K)IN D - ) LAIN'tli NG CUMA, --j"A' "4NO CJT�v 1 440 1 y If )"n Nc. 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To: City of New Hope C/O Zoning Department 4401 Xylon Avenue North New Hope, MN 55428 Project No: 1195 Date: 11 -5 -09 Project: Clearwire Wireless Broadband From: Steve Stulz, agent for Clearwire 612- 414 -5013 We Transmit To You: Sent by: Drawings ® For your information and files ❑ Mail Report ❑ For comment or approval ® Express ❑ Data ❑ Returned for correction; Resubmit ❑ Messenger ❑ Correspondence ❑ Approved as noted ❑ Hand Delivered ❑ Other El ❑ Other - Fax ❑ Remarks: Please find the enclosed CUP Zoning package for the proposed construction of a 65' telecommunication pole on at 7716 Winpark Drive (PID #20- 11- 82 -12- 20005), along with a 7'x7' area for prefab equipment cabinets on the ground. Enclosed you will find the updated drawings showing the site moved further back behind then building. This site will connect with the other sites planned in New Hope to complete the coverage requirement for your area. We are currently in lease negotiations with the Property Owner and will provide you with his authorization once the lease is agreed upon next week. If you need anything further please call or email me and I'll get it to you right away. Thanks so much for your help! Sincerely, Steve Stulz, agent for Clearwire 612414 -5013 Fax 612- 2344828 ARESMidwest@aol.com 3265 Kraft Circle N, Lake Elmo, MN 55042 kY{ RECEIVED NOY .0�8 2009 Clearwire Communications, (NASDAQ: CLWR), offers a robust suite of advanced high -speed Internet services to consumers and businesses. As part of a multi -year network build -out plan, Clearwire's 4G service, called CLEAR "', will be available in major metropolitan areas across the U.S, and bring together an unprecedented combination of speed and mobility. Clearwire's open all -IP network, combined with significant spectrum holdings, provides unmatched network capacity to deliver next generation broadband access. Strategic investors include Intel Capital, Comcast, Sprint, Google, Time Warner Cable, and Bright House Networks. Clearwire is currently working on network expansion in Minnesota with over 500 new sites proposed for the Twin Cities service market. Clearwire combines two of the most exciting technological advances of our generation — mobile communications and the Internet — in order to free their customers to take their rich home or office broadband experience with them anywhere around town or on the go. The system consists of a wireless high -speed modem, about the size of a small book. Customers simply plug the modem into a power outlet anywhere in their home or office and connect the modem to their PC to access the internet. Clearwire operates form a point -to- point, line of site relay system of antennas to provide the Clearwire customer experience is similar to that provided by Wi -Fi, but without the short range limitations of a traditional hotspot. Clearwire uses a 4G technology that differs from Wi -Fi called WiMAX, which provides service areas measured in miles, not feet. Clearwire's typical installation requires an average rad center height of between75' -125' and the equipment footprint is typically 1 single BTS cabinet that fits inside a 7' x 7' area. This "low impact" footprint easily allows for many collocation sites. Over 75% of there sites will be collocations. When there is not a structure in the immediate area to collocate on, Clearwire will agree construct a new monopole, favoring light pole replacements using existing light pole locations, Ball fields, City Parks, etc. Clearwire is approved and licensed by the FCC. Headquartered in Kirkland, Wash., additional information about Clearwire is available at www.clearwire.com 9 7324 34TH PL N Q 34TH AVE F 33RD—_ PL S 41 Z 3440 1 7709 r O� i 3240 3241 3233 3209 AVE 3440 n °o r r - y 7301 3531 3501 3401 3218 32NO clear SITE NJMBER MN-MSP0530 10- SAC vvllirellesss o SIR ao P I � � Z ----- __ } ' t I i v z v } b i 9 4� $ 8 3W p1 M- MSP0530 -A o m f. 1 o' 7716 WINPARK DR ^" NEW HOPE, MN 55427 m g� 0 MN-MSP0530-A 7716 WINPARK DR ID NEW HOPE, MN 55427 ----------- PDA rg M 0 MN-MSP0530-A 7716 WINPARK DR ID NEW HOPE, MN 55427 ----------- PDA rg Z 0 C 41 Rio M I a a I� ov v " H m u I $ rn — s 5 e " N a 0 N- MSP0530 -A ¢. cn 7716 WINPARK DR S ^`" 21 CD NEW HOPE, MN 55427 � ® 9 m D CO � A N- S 0530 -A p r. 7716 WINPARK DR ^' -P D ; NEW HOPE, MN 55427 NORTHWEST ASSOCIATED ! 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com TO: Curtis Jacobsen FROM: Alan Brixius DATE: November 9, 2009 RE: New Hope — Clearwire Communications Tower Request: 7716 Winpark Drive FILE NO: 131.01— 09.10 Below are preliminary comments pertaining to Clearwire Communications request to install a tower at 7716 Winpark Drive: a. Permission of property owner. The application signature is the Clearwire agent not the property owner. b. No obsolete tower to be removed. C. Building Code — subject to City review. d. Manufacturers specifications — subject to City review. e. ULS license has been provided with application. f. Not applicable. g. Setbacks: The pole height is 65 feet AGL. The pole is setback is 80 feet from nearest property line. Minimum setback from building in the same lot is 50 percent of tower height or 32.5 feet. The site plan shows approximately 10 foot setback. h. The applicant has provided information showing the site is 1,000+ feet from the nearest existing tower. The proposed tower is 65 feet in height which is below the required maximum height. No illumination is permitted unless required by FAA. k. No advertising messages may be affixed to tower. Signage not exceeding two square feet in area shall be located on the fence surrounding the ground equipment identifying the tower owner and emergency and maintenance contact information. Mm. The tower shall be painted to reduce visual impact (silver, light blue, gray). n. No fence is provided around the tower base. The applicant should describe the anti-climb measures for the tower. 0. Details on the cabinet for the tower base is provided. Screening of the tower base may be required from adjoining apartment complex to the east. P. The tower should be designed to accommodate two antenna arrays. 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CU c 0 .— r- C: 0 6 a) 2 4-1 'U (0 = CO -a a) E (n O = cn a ) C- CU a) A) "a a) :f; 0) C- 0 a) 0 CU "0 a) m m E 2, E 0 co : a" QL 0 0 C: U CD 0 >1 c o "0 ca 0 0 •— a) c .2 E cL C: C7 M -C — CL x < E o a) m U) CD (u 2 _0 c co C) - 6 (D a) - o a) :b C: C ,47, c c :3 a a) 0 a) . > t (D a) 0. 0 tf C: 0 CU 0 — (n CL a) N O a) Co E C: a) 0 o O (n CL (n W :3 C: >, 00 - 6 (D M a) < E a) 0' , - (n r- L- CO 't (D " "a = — U cu > a) : t:! a) E a) ca - w P a a) u a) .!= = a) CL >l. >, < M a) " " o E — .-p (D m m -0 a) a) "0 -0 M U C) a 6 (D 0 a) (0(0 >, a) a) is -0 a) a) s CU (D —a) x a) a) — 0 (n a) co M cu cu 0 a) 6< a) a) E cn Mn Ag .(n a) o o a) a) Mn .1 MO E d Mod w U-d±---) February 10, 2010 City of New Hope 4401 Xylon Ave N New Hope, MN 55428 Re: Planning Application No.09 -16 Proposed Clearwire Tower at 7716 Winpark Drive Mr. Jacobson: As discussed last week, due to site delays Clearwire is waiving the 60 day rule requirement to keep our above referenced application active with the City of New Hope. Should you have any further questions I can be reached at 612 -670 -0101. Sincerely, Jason Hall Clearwire LLC To: Planning Commission Curtis Jacobsen, Director of CD Cc: Steve Sondrall, City Attorney Val Leone, City Clerk From: Eric Weiss, CD Assistant Date: July 1, 2010 Subject: Therapeutic Massage License Ors Per the request of the City Council, the Codes and Standards Committee and staff have been researching other cities' massage licensing policies. Currently, "massage parlors" are regulated under Sect. 4 -3(k) of the city code. This topic is being reviewed as a result of a neighborhood complaint. The Codes and Standards Committee reviewed this matter throughout the winter and spring. The Committee reviewed this matter in great detail and feels this ordinance is both fair to business owners and handles the city's concerns. State License There currently are no state laws regulating massage therapists in Minnesota. Regulation is primarily handled at the city and county level. Furthermore, Hennepin County does not have a massage therapist license. Proposed City License A majority of neighboring cities do have a massage therapist license. This includes Crystal, Edina, Plymouth, Brooklyn Park (sauna), Robbinsdale and Maple Grove, to name a few. The purpose of this license is to regulate the massage therapy business to ensure standardized training, provide for healthy and hygienic businesses, safeguard against illegitimate business practices and minimize the risk of the spread of communicable diseases. The Codes and Standards Committee reviewed the ordinances of Minneapolis, Edina, Plymouth and Crystal. The Codes and Standards Committee mentioned favor towards the Crystal, Plymouth or Edina ordinances. The proposed ordinance was drafted using Crystal's ordinance but was specifically tailored by the Codes and Standards Committee to meet the needs of the city of New Hope. The license requires an individual or business to register annually with the city. The license requires the applicant to submit background and contact information to the city. A one -time background check and fee is also required. The ordinance outlines whom is eligible and ineligible to receive the license. Most notably, anyone with a criminal background related to massage therapy is ineligible for the license. The ordinance also outlines restrictions regarding health and sanitation practices. Training Staff has researched massage therapy schools and has found that a majority of schools require at least 400 hours of education and training. In addition, of the five major therapeutic massage associations and exam boards, four require at least 500 hours of combined education and training. Those requirements are as follows: - National Certification Exam of Therapeutic Massage (NCETM) - 500 hours - Massage and Bodyworks Licensing Exam (MBLEx) - 0 hours - American Massage Therapy Association (AMTA) - minimum 500 hours, 1,000 hours recommended - Association of Bodywork and Massage Professionals (ABMP) - 500 hours - International Massage Association (IMA) - 500 hours From the research it can be concluded that 500 hours is the industry standard for professional accreditation and "legitimacy." The Codes and Standards Committee discussed this matter and believes a requirement of 500 hours should be included in the ordinance. Fees The City Council has requested that the Planning Commission forward the ordinance with a recommended fee. The City Clerk has suggested a $100 one -time background check fee be approved as well as an annual fee of $100 for individuals and $200 for businesses. Staff believes this is a fair amount to cover administration costs while still being a reasonable amount for businesses. This fee is low in comparison to many neighboring cities. For example, Edina requires a $1,500 investigation fee; Maple Grove requires an annual registration fee of $500 and $300 investigation fee; and Brooklyn Park a $500 investigation fee. The full Planning Commission should feel free to discuss the fee amount and whether or not it should be the fee recommended by the City Clerk or raised or lowered. Attachments: • Draft ordinance • Crystal licensing form (which will be similar to New Hope's forms) 2 ORDINANCE NO. 10- AN ORDINANCE AMENDING CHAPTER 8 OF THE NEW HOPE CITYCODE BY ESTABLISHING LICENSE REGULATIONS FOR THERAPEUTIC MASSAGE The City Council of the City of New Hope ordains: Section 1 . Section 8 -34 "Therapeutic Massage" of the New Hope City Code is hereby added to read as follows: Sec. 8 -34. Therapeutic Massage (a) Findings. It is found and determined that: (1) persons who have recognized and standardized training in therapeutic massage, health and hygiene provide a legitimate and necessary service to the general public; (2) health and sanitation regulations governing therapeutic massage enterprises and massage therapists will minimize the risk of the spread of communicable diseases and promote health and sanitation; (3) license qualifications for therapeutic massage enterprises and massage therapists will minimize the risk that such businesses and persons may facilitate prostitution and other criminal activity in the city; and (4) massage services provided by persons without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. (b) Definitions. The terms defined in this section have the meanings given them. (1) "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. (2) "In good repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. (3) "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the hands for the purpose of physical fitness, health -care referral, relaxation and for no other purpose. —1— (4) "Operate" means to own, manage or conduct, or to have control, charge or custody over. (5) "Therapeutic massage enterprise" means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes Sections 144.50 through 144.69. (6) "Therapeutic massage therapist" means a person who practices or administers massage to the public for consideration. (7) "In the city" means physical presence as well as telephone referrals such as phone -a- massage operations in which the business premises, although not physically located within the city, serves as a point of assignment of employees who respond to requests for services from in the city. (c) License required (1) Therapeutic massage enterprise. It is unlawful to operate, offer, engage in or carry on massage services in the city without a therapeutic massage enterprise license. (2) Therapeutic massage therapist license. It is unlawful to practice, administer or provide massage services in the city without a therapeutic massage therapist license. (d) Exemptions. A therapeutic massage enterprise license or massage therapist license is not required for the following persons and places: (1) persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided that the massage is administered in the regular course of the medical treatment not provided as part of a separate and distinct massage business; (2) persons licensed by the state as beauty culturists or barbers, provided the persons do not hold themselves out as giving massage treatments and provided that massage by beauty culturists is limited to the head, hand, neck and feet and the massage by barbers is limited to the head and neck; (3) persons working solely under the direction and control of a person duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; (4) places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for hospitalization or medical care; and (5) athletic coaches, directors and trainers employed by public or private schools. (e) General rule. The owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services. The owner or operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage therapist unless that owner or operator personally provides massage services. (f) License application. (1) Therapeutic massage enterprise. The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants whether the applicant is an individual, corporation, partnership or other form of organization: i. the legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; ii. the floor number, street number and rooms where the massage services are to be conducted; iii. whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; iv. if the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; v. the name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes section 333.02; vi. other information that the city council may require. b. For applicants who are individuals: RM i. the name and date of birth of the applicant and applicant's residence address; ii. if the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; iii. residence addresses of the applicant during five years preceding the date of application; iv. the type, name and location of every business or occupation the applicant has been engaged in during the preceding five years; v. names and addresses of the applicant's employers for the preceding five years; vi. if the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; vii. if the applicant has ever been engaged in the operation of massage services; if so, the applicant must furnish information as to the name, place and length of time of the involvement in such activity. c. For applicants that are partnerships: i. the names and addresses of general and limited partners and the information concerning each general partner described in paragraph b. above; ii. the managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; iii. a true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes section 333.02, a certified copy of that certificate must be submitted. The license if issued will be in the name of the partnership. d. For applicants that are corporations: —4— i. the name of the organization, and if incorporated, the state of incorporation; ii. a true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes section 303.02; iii, the name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in paragraph b. above; iv. a list of the persons who own or have a controlling interest in the corporation or organization or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in paragraph b. above. (2) Therapeutic massage therapist. An application for a therapeutic massage therapist license must contain the following information: a. the applicant's name and address; b. the applicant's current employer; c. the applicant's date of birth and home telephone number, d. if the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense and, if so, the time, place and offense involved in the convictions; e. if the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used; f. evidence that the applicant: i. has current insurance coverage over $1,000,000 for professional liability in the practice of massage; ii. is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the city; iii. has completed 500 hours of certified therapeutic massage training from a recognized school that has been approved by the city manager; or —5— iv. has one year of experience practicing massage therapy as established by an affidavit and can document within two years of obtaining the license that the person has completed 500 hours of certified therapeutic massage training from a recognized school; if such documentation cannot be established at the time of license renewal, the license will not be renewed and the person who received the license based upon experience may not receive a license in the future unless the person has the requisite certified hours; g. other information that the city council may require; h. the minimum requirement of massage training specified in paragraph h., clause iii and iv does not apply to a massage therapist i) employed by an establishment licensed for massage on the effective date of Ordinance No. 09- — and ii) continuously employed since that date by the licensed establishment. (g) Application and investigation fees. The fees for a massage enterprise and therapist licenses are set forth in Chapter 14 of this code. An investigation fee will be charged for therapeutic massage enterprise licenses. An application for either license must be accompanied by payment in full of the required license and investigation fees, if applicable. (h) Application verification and consideration. (1) Therapeutic massage enterprise license. The city manager must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this section, by referring the application to the chief of police or the chief's designee for a CCH Investigation as authorized by the city code. Within 90 days of receipt of a complete application and fee for a therapeutic massage enterprise license, the city manager must make a written recommendation to the city council as to issuance or nonissuance of the license. The city council may order additional investigation if it deems it necessary, but must grant or deny the application within 120 days of receipt by the city manager of the complete application and required fees. (2) Therapeutic massage therapist license. Within 90 days of receipt of a complete application and fee for a therapeutic massage therapist license, the city manager must grant or deny the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to appeal to the city council within 20 days. If an appeal is properly made, the matter will be placed on the next available city council agenda. M (i) Persons ineligible for license. (1) Therapeutic massage enterprise license. A therapeutic massage enterprise license may not be issued to an individual who: a. is under 18 years of age at the time the application is filed; b. has been convicted of any crime directly related to the occupation licensed as prescribed by Minnesota Statutes section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes section 364.03, subdivision 3; c. is not of good moral character or repute; d. is not the real parry in interest of the enterprise; e. has misrepresented or falsified information on the license application. f. has, within one year prior to the date of the application been denied a license under this section, or any similar ordinance of any municipality of the state, or within the period has had revoked any license issued under this section, or any similar ordinance of any municipality of the state. (2) Therapeutic massage therapist license. A therapeutic massage therapist license may not be issued to a person who could not qualify for a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise license. (j) Locations ineligible for therapeutic massage enterprise license. (1) Delinquent taxes or assessments. A therapeutic massage enterprise may not be licensed if the enterprise is located on property on which taxes, assessments or other financial claims to the state, county, school district or city are due and delinquent. In the event a suit has been commenced under Minnesota Statutes sections 278.01- 278.13, questioning the amount or validity of taxes, the city council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due. (2) Building and Zoning compliance. A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Chapters 3 and 4 of this Code. —7— (3) Capital investment less than $10, 000. A therapeutic massage enterprise may not be licensed if the capital investment in the location of such enterprise is less than $10,000.00. (k) General license restrictions. (1) Posting. A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. A person licensed as a therapeutic massage therapist must have in possession a copy of the license when therapeutic massage services are being rendered. (2) Area. A therapeutic massage enterprise license is effective only for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, the licensee must inform the city manager. A licensed therapeutic massage therapist may perform on -site massage at a business, public gathering, private home or other site not on the therapeutic massage enterprise premises. (3) Transfer. The license issued is for the person or the premises named on the approved license application. Transfer of a license from place to place or from person to person is not permitted. (4) Coverings. The therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with non - transparent material or clothing. A therapist performing massage must have the therapist's breasts, buttocks, anus and genitals covered with a non - transparent material or clothing. (5) Prohibited massage. A therapist may not intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person. (1) Restrictions regarding sanitation and health. (1) A therapeutic massage enterprise must be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and be fully and adequately illuminated. (2) A therapeutic massage enterprise must provide single - service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron receives the massage. If the table, chair or furniture on which a patron receives the massage is made of material impervious to moisture, such table, chair or furniture must be sanitized after each massage. (3) The therapeutic massage therapist must wash the therapist's hands and arms with water and soap, anti- bacterial scrubs, alcohol or other disinfectants prior to and following each massage service performed. (4) Massage tables, chairs or furniture on which the patron receives the massage must have surfaces that can be readily disinfected after each massage. (5) Rooms in a therapeutic massage enterprise must be illuminated. (6) A therapeutic massage enterprise must have a janitor's closet that provides for the storage of cleaning supplies. (7) Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as required by this code. (8) Therapeutic massage enterprises must be maintained in good repair and sanitary condition. (9) Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor Clean Air Act. (10) A therapeutic massage enterprise must take reasonable steps to prevent the spread of infections and communicable diseases on the licensed premises. (11) Massage therapists must wear clean clothing when performing massage services. (m) License term; fees; renewals. Licenses expire annually on December 31. The license fee will be prorated in 30 -day increments for licenses issued after June 30. The city manager must prepare an application form for the renewal of a license requiring information that the manager determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. License fees are set by Chapter 14 of this code. (n) Suspension; revocation. A license granted under this section may be suspended or revoked by the city council for the reasons and under the procedures specified in Chapter 1 -4 of this code. (o) Temporary. therapist license (1) The city manager may issue a temporary therapeutic massage therapist license as provided in this subsection. (2) A temporary massage therapist license may be issued to a person who i. is qualified to hold a massage therapist license under this section; M ii. has completed the required application and paid the license fee at least seven days prior to the effective date of the license. (3) A temporary license is effective for four consecutive days. A person may not be issued more than three temporary licenses in any period of 360 consecutive days. (4) All other provisions of this section apply to temporary licenses. (p) Hours of operation. A licensed therapeutic massage enterprise may not operate for business between the hours of 9:00 p.m. and 7:00 a.m. Section 2 . Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 2010. Kathi Hemken, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope- Golden Valley Sun -Post the day of 2010.) P :ATTORNEY \SAS \i CLIENT FILES\2 CITY Of NEW HOPE'= 99-40024(MASSAGE)UHERAPEUTIC MASSAGE ORDINANCE3DOC —10— APPLICATION FOR LICENSE City of Crystal 4141 Douglas Drive N, Crystal, MN 55422 Telephone: (763) 531 -1000 / Facsimile: (763) 531 -1188 Deaf and hard of hearing callers may call Minnesota Relay at 711. Y PLEASE PRINT CLEARL Applicant's Name: Fee:* (0100 -4105) $105.00 (plus $100.00 investigation fee for new applicant) Home Address: Home Phone: Ci /State /Zi : Cell Phone: Business Name: Business Phone: Doing Business As: Fax Phone: Business Address, including zip code: MN Tax ID #: If a Minnesota Tax ID number is not required, please Federal Tax ID #: explain here and provide your social security number: I enclose the sum of and /100 dollars t0 the City of Crystal as required by the Ordinances of said City and have complied with all the requirements of said Ordinances necessary for obtaining this License. I hereby make application to OPERATE A THERAPEUTIC MASSAGE ENTERPRISE at the above business address for the period through December 31, 20 , subject to all conditions and provisions of said Ordinance. ADDITIONAL REQUIREMENTS 1. Proof of Insurance (over $1,000,000) 2. Authorization and Release Form 3. Supplemental Application Form ?he rnformatron rn thrs Applrcation For` Lrcense rs true and complete foahe best of my knowledge gnature of Appkcaiat ate Si D *Fee: If exempt, fill out Licensing Fee Exemption Form ($105; pro -rated if issued after 6/30 @ $8.75 /month) APPLICATION FOR LICENSE INVOLVING PRIVATE OR CONFIDENTIAL INFORMATION (Includes Tennessen Warnrng) Under Minnesota law (M.S. 270.72), the agency issuing you this license is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number or the Social Security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we must advise you that: • This information may be used to deny the issuance, renewal or transfer ofyour license if you owe the Minnesota Department of Revenue delinquent taxes, penalties, or interest; • The licensing agency will supply this information only to the Minnesota Department to the he Revenue. I e However, under the Federal Exchange of Information Act, the Department of Revenue is allowed to supply this information to the Revenue Service; • Failure to supply this information may jeopardize or delay the issuance of your license or the processing of your renewal application. FILL OUT .REVERSE SIDE OF T HIS City Use Only: 7DE# Date Entered: plMS ID# Council Date: Certificate of Compliance Minnesota Workers' Compensation .Law PRINT IN INK or TYPE. Minnesota Statutes, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in any activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Chapter 176. The required workers' compensation insurance information is the name of the insurance company, the policy number, and the dates of coverage, or the permit to self - insure. If the required information is not provided or is falsely stated, it shall result in a $2,000 penalty assessed against the applicant by the commissioner of the Department of Labor and Industry. must include street YOUR LICENSE OR CERTIFICATE WILL NOT BE ISSUED WITHOUT atlas: rvLLV vriivv INFORMATION. You must complete number 1, 2 or 3 below. NUMBER Y COMPLETE TMS PORTION IF YOU ARE INSURED: INSURANCE COMPANY NAME (not the insurance agent) I have attached a copy of the to celf insure. u NUMBER 3 COMPLETE THIS PORTION IF EXEMPT: I am not required to have workers' compensation insurance coverage because: ❑ I have no employees. ❑ I have employees but they are not covered by the workers' compensation law. (See Minn. Stat. Sec. 176.041 for a list of excluded employees.) Explain why your employees are not covered: ❑ Other: ALL APPLICANTS COMPLETE THIS PORTION: I certify that the information provided on this form is accurate and complete. husiness. I certify that I a m authorized to sign on behalf of the bus in ess. If I am signing on behalf of a DATE NOTE: If your Workers' Compensation policy is canceled within the license or permit period, you must notify the City of Crystal by resubmitting this form. This material can be made available in different forms,.such as large print, Braille or on a tape. To request, call 1 -SO0 -342 5354 (DIAL DLn Voice or TDD (651) 2974198. MN LIC 04 (11/08) I :\ADMIN\LICENSINMApplica6on FotmsIWORKERS' COMP INFO-doe A valid workers' compensation policy must be kept in effect at all times by employers as required by law. City of Crystal Rxs,G,,, Supplemental Application For Therapeutic Massage License Select type(s) of license: ❑ Therapeutic Massage Enterprise ❑ Therapeutic Massage Therapist Select Type of Business: ❑ Individual ❑ Partnership ❑ Corporation ❑ Other Name of Business Business Address (If the business is to be conducted under a designated name or style other than the full individual name of the applicant, attach a copy of the certification required by MS Chapter 333 and certified by the Clerk of the District Court) SECTION I (All applicants must camplete this section.) Applicant's Name Date of Birth Home Phone Place of Birth Home Address Street City State Zip Code Have you ever used /been known by a name other than your true name? ❑ Yes ❑ No If yes, list the name(s) and any information concerning the date(s) and place(s) where used. List street addresses at which you have lived during the preceding five years: List the type, name, and location of every business or occupation you have been engaged in during the preceding five years: List the names and addresses of your employers and partners, if any, for the preceding five years: Have you ever been convicted of a crime? ❑ Yes ❑ No If yes, give details as to type(s) of crime, time(s), place(s), and sentence(s): 1AADMINUCENSING1Appiication Formsftssage\Supplemental applfcatlon.doc Page 1 of 3 Give your training and /or experience in performing massage services (furnish names, places, and length of time involved): Legal description of the premises to be licensed (attach a plan of the area showing dimensions, location of buildings, street access, and parking facilities). If the premises is being planned, under construction, or undergoing substantial alterations, preliminary plans must show the design of the proposed premises (if building plans are on file with the building inspector, please indicate this). Are all real estate and personal property taxes that are due and payable (for the premises to be licensed) paid? ❑Yes []No If no, list the year(s) and the amount(s) that are unpaid: SECTION 11 (if applicant is a partnership, complete this section.) List the names and addresses of general and limited partnership and percentage of interest: Name of managing partner SECT ION III (If applicant is a corporation or other organization, complete this section.) Name of Corporation State in which incorporated Name of Manager or Proprietor Note: This person must also complete Section I — individual List all parties who control or own an interest in excess of five percent in such corporation or organization. I:%DMIN UCENSINMApplication Forms%massage\Supplemental application.doc Page 2 of 3 Note; Each partner must complete an Individual Section I. A true copy of the partnership agreement must be attached to this application; also a certified copy of the certificate as to a trade name under MS 333.02, if applicable. SECTION IV (if applying for therapeutic massage therapist license, complete this section.) Social Security Number Weight Height Hair color Eye Color Current Employer Address Please submit evidence of the following with your application: 1. Current insurance coverage of at least $1,000,000 for professional liability in the practice of massage 2. Training: (a) Certificate of Completion of urs in certified therapeutic massage training from a recognized school that has been approved by the city manager; OR (b) One year of experience practicing massage therapy as established by an affidavit. Must document within two years of obtaining the license that you have completed the ours of certified therapeutic massage training from a recognized school. <;61 Signature of Applicant Date 1ADMIN\t_ICENSINGWpp11cation Forms\Massage \Supplemental application,doc Page 3 of 3 City of Crystal �caT o 4141 Douglas Drive North �c KYSTAL Crystal, Minnesota 55422 In order to comply with State and Federal regulations, the City of Crystal is required to ask the information Indicated below. This form will be filed separately from your application and will be used only for record keeping purposes. AUTHORIZATION AND RELEASE FOR APPLICANT(S1 The undersigned, having filed an application with the City of Crystal for a license realizing that the City has need to investigate the background and history of the applicant in order to better evaluate his or her application for the above license, does hereby authorize and request every law enforcement official and every other person, firm, officer, corporation, association, organization or institution having control of any documents, records or other information pertaining to me to furnish the original or copies of any such documents, records and other information to the City or any of its representatives, and to permit said City or any of its representatives to inspect and make copies of any such documents, records and other information. I further authorize any such persons to answer any inquiries, questions or interrogatories concerning the undersigned, which may be submitted to them by the City or its authorized representative. I fully understand that the information so obtained by the City may be used by it in its evaluation of my application. I hereby release and exonerate any person who shall comply with the authorization and request made herein from any and all liability of every nature and kind growing out of and in any way pertaining to the furnishing or inspection of such documents, records and other information. Dated this day of .20 PLEASE PRINT: Signature of Applicant First Middle Name Last Name Driver's License Number Home Address City State Zip Code Date of Birth Name of Organization Associated With Home Phone Number IAADMINUCENSINMApplicadon FonnsNassaj;Muthorizadon and Release Form.doo To: Planning Commission Curtis Jacobsen, Director of CD Cc: Al Brixius, Planning consultant From: Eric Weiss, CD Assistant Date: July 1, 2010 Subject: Livable Communities review Per the request of the City Council and Planning Commission, staff and the planning consultant have prepared a presentation to review the Livable Communities Study of 2001 -2002. The study was funded by the Metropolitan Council and the New Hope Economic Development Authority. The Livable Communities Study researched redevelopment opportunities in the neighborhoods surrounding the intersection of Bass Lake Road and Winnetka Avenue. The focus of the study was on outlining methods and techniques to foster development of a variety of housing options, establishing a commercial focal point at Bass Lake Road and Winnetka Avenue, maintaining single- family neighborhoods, making links to jobs and activities in the area, and redeveloping underutilized land to increase densities and provide more efficient use of land. The study provided the cities of New Hope and Crystal (who agreed to work jointly with the city of New Hope) with a redevelopment plan formulated by the two cities, redevelopment and site plans for targeted areas, analyses of costs and types of financing needed to implement redevelopment plans, regulatory changes to implement redevelopment, neighborhood redevelopment plans that address housing, transit improvements, streetscapes, and other items identified by residents to increase livability of their neighborhoods. A handful of the recommendations outlined in the study's report were implemented including the Winnetka Green and Winnetka Townhomes improvements. Currently, streetscape and transit improvements are proposed for implementation later this summer. Following the joint City Council and Planning Commission work session in June, it was requested of staff that previous planning studies be resurrected and reviewed to assist both bodies in preparing updated plans and to help guide the current City Center TOD Study. Chair Houle requested the Planning Commission begin its review with the Livable Communities study. The planning consultant has prepared a presentation and discussion for the Planning Commission meeting. Attachments: - Summary sections of the study 11 r "+ a ■ "' - 7111111111:: ' ,... u■ •■ I nl ■ II■ n �` � ■inl■ �H . ityzi: •11 as .�:: _ nrunnl ♦ �I .- lLuutu. l�� l J�- .1l tltlt 111 • 4 � j�MI 1:1 II 11U utl�. � i�� r � +i ■ulunt tlw Xl� ■u al a �r L 1111 iii i t" ■Illhnl!r�� # �, k �� 1 _ '■ � ar! rl 11 1't' * • i 1 .x;!.- ♦ � ■ � fir = .r u l,uuwc Ail of _ .r. I�, 1. •��:1 t . _ r -`~i � (� 1la `rrr New Ho� Blom E m �� r t . ifs :� . .all / ■I ■(`r tti.1♦ .1l� 1 a 1111.1 .. ■fftr Ila •Ila, �j _,, ig I, = Lnnu1•.,rt. t LtC 1• _ is 1 il� tllllli ;� ' :: MIN fill I i: +ii :�.:I r: uuuV m =C - Ti '1�1ir _ I _ u■- � r X11 JI - :�:�'S nnr�l -�uu■ _❑ un alltir t {III- � _ r '�r71 ;roll f ■J• r- u I +rrnll " i t1t � • vq - # "' riunuuunn� �; �� _.��'�// • ■uelnlnlnnr:. _ .. 1111111 Iltt 1 1 If : ^1 tJ nn'UIIII II:IR H!1111 I1t� Il : ; a. ..T: nr �� - ' i #.rxi' t ,tl ruu■ := __'� t111111� � .� nl � u Inu u. it - C fill-Ill uf,�� nnnnn += ,ul tr fit? t r it i X111 ■111 ■11 ■lalnlr 111 ■Il a/a ",• ♦ 11111 = mile III nal'lim.:rmor�r■ ■ ;, 111111111 Table of Contents Introduction..................................................... ............................... . 1 City Map Showing Study Areas ...................... ............................... 3 Study Area Map Showing Target Area ............. ............................... 4 IssuesMap ................................................ ............................... 6 Bass Lake Road Apartment Area ............................. ............................... 7 OptionA Concept ........................................ ............................... OptionB Concept ........................................ ............................... OptionC Concept ........................................ ............................... ill OptionD Concept ........................................ ............................... 12 Winnetka Avenue East Area ................................... ............................... 13 OptionA Concept ........................................ ............................... OptionB Concept ......................................... ............................... 16 Winnetka Avenue West Area .................................. ............................... 17 OptionA Concept ........................................ ............................... OptionB Concept ........................................ ............................... OptionC Concept ........................................ ............................... Option D Concept ............................. ............................... ........ 22 Northeast Bass Lake Road/Winnetka Avenue Area ..... ............................... 23 OptionA Concept ........................................ ............................... OptionB Concept ........................................ ............................... 25 New Hope, Minnesota Livable Communities Study Introduction Background: The City of New Hope has received a Livable Communities Grant from the Metropolitan Council for the New Hope Village Redevelopment Area (Bass Lake Road Corridor). To guide the redevelopment process and make recommendations to the City Council, a citizen task force entitled the "Livable Communities Task Force" was created. After conducting an analysis of the area and receiving input from a wide range of interests, the Task Force endorsed a number of conceptual redevelopment options for specific target areas within the study area. The Task Force now wishes to take the next step in realizing its redevelopment vision by seeking proposals from preferred developers to implement the development concepts. Project Objectives: Obviously, a primary objective of the Livable Communities effort is the redevelopment of underutilized or marginal properties within the City. As part of this effort however, several more specific Task Force objectives were generated. These objectives should not be lost sight of as the development process moves forward and are listed below: • Promote public participation in the planning process • Provide for market rate housing objectives and life cycle housing opportunities. • Integrate housing near job centers. • Create livable communities which offer the following: o Follow efficient, environmentally sensitive and creative development models • Provide compact, higher density residential uses • Encourage a diversity of housing choices and costs o Promote mixed use development o Provide transit oriented and pedestrian friendly design • Utilize in -place infrastructure • Preserve open space • Promote high quality exterior finish materials (i.e. "brick or better") • Promote underground parking The City will select a developer it believes can produce a product consistent with the preceding objectives. Study Area: The study area focuses on the Bass Lake Road corridor, centered on the area within a one -half mile radius of Bass Lake Road and Winnetka Avenue. The study area includes 480 acres of residential neighborhoods, commercial businesses, and a vacant school site. New Hope, Minnesota Livable Communities Study Introduction Target Study Areas: Within the New Hope Village Redevelopment Area (Bass Lake Road Corridor), the City has defined four specific target areas. They are as follows: • Bass Lake Road Apartment Area (located north of Bass Lake Road and east of Yukon Avenue). • Winnetka Avenue East Area (located south of Bass Lake Road and east of Winnetka Avenue). • Winnetka Avenue West Area (located south of Bass Lake Road and west of Winnetka Avenue). • Northeast Bass Lake Road/Winnetka Avenue Area (located north of Bass Lake Road and east of Winnetka Avenue). Concept maps depicting various development scenarios for each of the four target study areas identified above, are provided herein. The concepts show general development configurations only and are not intended to restrict possible building design, site layout or density contemplated for future proposals. The concepts provide examples of possible development scenarios that take the City Livable Communities objectives into account. The City is willing to consider proposals with higher residential densities provided that the project objectives outlined on page 1 are incorporated. New Hope, Minnesota Livable Communities Study 2 "11 ITIF-TTI-M New Hope Livable Communities Study Areas Map Cirl, of Area =3 Redevelopment Areas jo Parks & Recreation City LiniiLs New of A N G Lake /%1 Railroad 0 0.25 0.5 Miles Hopb Interest In Introduction Issues: The following map illustrates the issues that have influenced the design of the various redevelopment concept plans. This inventory helped define the target area, identify land use concerns, and helps identify needed transportation improvements. New Hope, Minnesota Livable Communities Study 5 ,1= 1 �' 1 �� -;jl tll-1 t � L I .1 I� �. 'I J i _�.I� ° �` - �`�':. -_ _ _-�., r t.:1 ' ' Y 0 � � � _•I,�_ - y �a_ — _ y -41 -V. J J i L _) O p `J .1 . C' J i� :. V G /' G•± I I .. `y F 'A. \ (� _ vi J L ( I ` LI i 1 I I �'` �LJ ' �:�� _�i` , •1) I 1 � -5 ,I� t' r li ,�',. cr — 1 L , I t W "I'77 Lt IF vf i , E � , Bass Lake Road Apartment Area Location: North of Bass Lake Road and east of Yukon Avenue. Project Area: 3.6 acres (5.1 acres including area north of 58 Avenue). Existing Conditions: The portion of the subject property lying south of 58 Avenue is presently occupied by the "Bass Lake Road Apartments ". Four single family residences occupy the portion of the property lying north of 58th Avenue. The site slopes slightly to the east (toward an existing pond) and there are no wetlands or significant vegetation on site. The site is bounded by single family residences to the north and west, multi - family residential uses to the south and the New Hope Golf Course to the east. Concept Summary: In formulating the following concept plans for the site, the following issues and design parameters were established: • An attractive streetscape design should be provided along Bass Lake Road and Xylon Avenue. • Yukon Avenue has been realigned with Xylon Avenue to create a full intersection. • A westerly access to the New Hope Golf Course has been provided. Such access must be set back 100 to 150 feet from the Yukon Avenue /Bass Lake Road intersection. • Soils in the east central area of the site are poor for building purposes. • New development should be oriented to take advantage of golf course views. • A bus stop and /or expanded golf course parking area should be provided at the corner of the realigned Bass Lake Road /Xylon Avenue intersection. • Landscape buffers should be provided at the periphery of the site to screen adjoining single family neighborhoods. • A bus stop facility should be integrated along Bass Lake Road. * The concepts show general development configurations only and are not intended to restrict possible building design, site layout or density contemplated for future proposals. The concepts provide examples of possible development scenarios that take the City Livable Communities objectives into account. The City is willing to consider proposals with higher residential densities provided that the project objectives outlined on page 1 are incorporated. New Hope, Minnesota Livable Communities Study 7 Bass Lake Road Apartment Area Option A. Option A calls for the development of 19 to 38 three story townhomes with underground parking. Option B. Option B expands the site to include four existing single family lots to the north. The option calls for the development of 32 to 64 three story townhomes with underground parking. Option C. This option calls for a 64 unit, three story condominium development with underground parking. Option D. Like Option B, this option expands the development site to include four single family lots north of 58 Avenue. The plan calls for a four story apartment with underground parking. New Hope, Minnesota Livable Communities Study 8 We .. ;t �� f t i! u / / � a.. .c 4 ......... . , Hus s EXPAIND1 GOLF couRsEPARKING x 19 OR 38 UNITS BASS LAKE APARTMENTS STUDY OPTION A 11 III' 7Q11' 21101 BASS ,A 32 OR 64 UNITS BASS LAKE APARTMENTS STUDY OPTION B 0 so loo 200' W4 89 "KOAD 64 UNITS (3 STORMS) BASS LAKE APARTMENTS STUDY 011�1��Wm al- I . .. g- BUS STOP AND/0R EXPANDED n— a nnr— nI n-11 W( m 130 UNITS (4 STORIES & 2 UNDERGROUND PARKING LEVELS) BASS LAKE APARTMENTS STUDY OPTION D 0 50' 100' 200' Winnetka Avenue East Area Location: South of Bass Lake Road and east of Winnetka Avenue. Project Area: 16.0 acres (14.8 acres excluding Alano site). Existing Conditions: The subject property is comprised nearly exclusively by single family homes constructed in the 1950's and 1960's. A small concentration of commercial land uses does however, exist at the corner of Bass Lake Road and Winnetka Avenue. Properties abutting Winnetka Avenue have 330 foot lot depths while properties along Bass Lake Road lack adequate access. The site is relatively flat and does not include any wetlands or noteworthy environmental features. The property is bounded on the north by a mixture of commercial uses and single family residential uses some of which exists in the neighboring City of Crystal. Single Family residential uses border the site on the south while a mixture of single family residential, commercial and public /semi - public uses exist to the east and west. Concept Summary: In formulating the following concept plans for the site, the following issues and design parameters were established: • An attractive streetscape design should be provided along Bass Lake Road and Winnetka Avenue. • Ponding areas have been incorporated into the design concepts to address stormwater management needs, provide an aesthetic amenity and buffer lower intensity adjacent land uses. • A system of sidewalks and trails has been incorporated. Specifically, sidewalks or trails have been provided along Winnetka Avenue, Bass Lake Road, and between townhome buildings. Additionally, a trail connection to Elm Grove Park and between 55 Avenue and Winnetka Avenue has been provided. • An internal subdivision design has been incorporated. • Single family homes should be designed to blend with existing neighborhoods. • Buffering along rear yards (landscaping and /or fencing) will be provided along Winnetka Avenue. • The Alano site may or may not be included in the development site. If excluded, the development concepts would need to be modified accordingly. • Narrower street right -of -way (40 to 50 feet) will be considered to accommodate the single family /detached townhomes along Winnetka Avenue, • A bus stop facility should be integrated along Bass Lake Road. • Alternative housing design and densities will be considered provided that the proposal demonstrates a compatible land use relationship with the lower density residential neighborhoods to the east and accomplish the Livable Communities planning objectives outlined on page 1. New Hope, Minnesota Livable Communities Study 13 Winnetka Avenue East Area * The concepts show general development configurations only and are not intended to restrict possible building design, site layout or density contemplated for future proposals. The concepts provide examples of possible development scenarios that take the City Livable Communities objectives into account. The City is willing to consider proposals with higher residential densities provided that the project objectives outlined on page 1 are incorporated. Option A. Option A calls for the development of 21 single family homes (or detached townhomes) south of 55 Avenue and 50 single - loaded townhome units with underground parking to the north (between Bass Lake Road and 55 Avenue). Option B. Option B calls for the development of 25 single family homes (or detached townhomes) and 42 single - loaded townhomes with underground parking. New Hope, Minnesota Livable Communities Study 14 WINNETKA AVENUE EAST STUDY OPTION A 0 100 200 400 WMNETKA AVENUE EAST STUDY OPTION B 0 100 200 400 Winnetka Avenue West Area Location: South of Bass Lake Road and west of Winnetka Avenue. Project Area: 35.0 acres. Existing Conditions: The subject site is presently occupied by a variety of land uses including single family residential, commercial and public/semi-public (Hosterman Junior High school and Winnetka Elementary School). A steep grade exists east of the Hosterman school site and a low area exists in the central portion of the site. A sanitary sewer line bisects the site in an east/west fashion extending south from Wisconsin Avenue. The site is bounded on the north by single family and multi-family residential uses, on the south by single family residential uses and Begin Park, on the east by single family uses and on the west by multi-family residential uses, senior housing and a nursing home. Additionally, commercial uses exist at the Bass Lake Road/Winnetka Avenue intersection. Concept Summary: In formulating the following concept plans for the site, the following issues and design parameters were established: • Attractive streetscape treatments should be provided along all internal and peripheral streets including Bass Lake Road, Winnetka Avenue, 55 Street, Zealand Avenue and 56 Street. create a full intersection • Yukon Avenue has been realigned with Xylon Avenue to at Bass Lake Road. • A pedestrian plaza has been provided at the intersection of Bass Lake Road and Winnetka Avenue. • Xylon Avenue and Virginia Avenue have been extended between 55 Street and 56 Street to provide some internal public street access to the site. • Begin Park located south of the site will be expanded into the redevelopment site to maintain open space and provide an active recreational amenity. • An internal pedestrian/bicycle trail system has been provided through the site to connect neighborhoods and neighborhood destinations. • A stormwater ponding area has been provided to address stormwater management needs and provide an aesthetic amenity. • A bus stop has been provided to take advantage of in-place transit routes. • In all options, consideration should be given to retaining the Hosterman Junior High School and/or Winnetka Elementary School. • While each development concept includes a commercial land use component, the City will also consider development proposals that reduce or eliminate such commercial component in favor of additional residential densities. New Hope, Minnesota Livable Communities Study 77 Winnetka Avenue West Area * The concepts show general development configurations only and are not intended to restrict possible building design, site layout or density contemplated for future proposals. The concepts provide examples of possible development scenarios that take the City Livable Communities objectives into account. The City is willing to consider p I roposals with higher residential densities provided that the project objectives outlined on page 1 are incorporated. Option A. Option A retains both the existing Hosterman Junior High School and the Winnetka Elementary School thus limiting the amount of redevelopable area. The concept calls for the development of 68 to 136 three-story townhomes (with underground parking) and 36,000 square feet of commercial space (with an open plaza) at the intersection of Bass Lake Road and Winnetka Avenue. Option B. This concept calls for the removal of both the Hosterman Junior High School and Winnetka Elementary School and represents the most intense of all proposed development options. The plan calls for the development of 230 four-story apartment condominiums (with underground parking), 22 single level townhome units, 60 to 120 three story townhome units (with underground parking) and 36,000 square feet of commercial space (with an open plaza) at the corner of Bass Lake Road and Winnetka Avenue. Option C. Option C calls for the development of 97 to 194 three-story townhomes (with underground parking), 15 detached townhomes, 22 townhomes (with detached garages) and 36,000 square feet of commercial space (with an open plaza) at the corner of Bass Lake Road and Winnetka Avenue. Option D. Option D calls for the development of a 30 lot single family subdivision on the western portion of the Hosterman Junior High school site. Additionally, the plan calls for 52 to 104 three story townhomes (with underground parking), 22 townhomes (with attached garages) and 36,000 square feet of commercial space (with an open plaza) at the corner of Bass Lake Road and Winnetka, Avenue. New Hope, Minnesota Livable Communities Study 78 51 I_ 1 >4 < Z X x o ,7� ljo cr, Cr .oas r� M2 cd z VS I_ 1 >4 < Z X x o y2E zY a3/ I—A I 7 ro L ll�e �-A OOH Z > =O ILA O!a d 0 w ra rS 1 �( ��u Z; z 4i A MW -7 I FJ E2 Z -4E VI.tnll fA > 2:g 7z �k[ \: _)()` � >� .7 cn /� \� \ /\ � ƒ�\ �� \�� } /.\ � }.% 2 \/\ �� / .7 cn /� \� Northeast Bass Lake RoadlWinnetka Avenue Area Location: North of Bass Lake Road and east of Winnetka Avenue. Project Area: 9.0 acres Existing Conditions: The subject property is currently occupied by the Windcrest Apartments and former Frank's Nursery. The apartments (both buildings and site) are in need of upgrade and the former Frank's Nursery is currently vacant. The site is relatively flat and void of significant vegetation. A ponding area does however, exist in the northern portion of the site. The site is bounded on the north and west by single family residential uses, on the south by commercial uses and on the west by multi- family residential and commercial uses. Concept Summary The concepts show general development configurations only and are not intended to restrict possible building design, site layout or density contemplated for future proposals. The concepts provide examples of possible development scenarios that take the City Livable Communities objectives into account. The City is willing to consider proposals with higher residential densities provided that the project objectives outlined on page 1 are incorporated. Option A. Option A call for the retainment and upgrade of the Windcrest Apartments (and garages) and the construction of a new 24,000 square foot commercial building upon the former Frank's Nursery site. The plan also calls for an upgrade of the existing pond in the northern portion of the property to become a more distinct site amenity. Option B. Option B calls for the construction of a 156 unit apartment building with underground parking upon the site. In recognition of adjacent single family homes, the structure steps down in height toward the east. Whereas a four story wing is provided along Winnetka Avenue, three two story wings extend to the east. Option C. Option C is not illustrated but considers retention and renovation of the Windcrest Apartment complex and independent redevelopment of Franks Nursery site for high - density residential use. In both Options A and B, the existing pond in the northern portion of the property would be upgraded to become a site amenity with trailway connections between Winnetka Avenue and Sumter Avenue. New Hope, Minnesota Livable Communities stucay 23 1 /..< i , L I Ur t UPGRADE POND AS _�' �I 'ru A SI I'E ANIENITX � (� 5 'ri « 1 r J VENT IF UYGlLA1)E EXISTING r APARTMENTS .. ANTI) GARAGES OR LOCATE STOREFRONT TOWARD •..�` =! WINNETKA AVENUE FOR ; � t OPTIMUM VISIBILITY r� O r i CO! VVIERCIAL BUILDING (25,0(IOSI').' "\;I J- i I .._ -.t 1i n ._ry;,i. POSS E O ,�xj. 9 ; E - IBLUTDOOR i ° UISY ARE LOCATIONS _ / MATC D . � �1IIINIIIIIIIIIIIillllil� _ LAY.4 MATC b n / J. «.LtIWL LliJ1 1 IIIIII IIIIIIII ` %SCREEN LOW DENSITY i C7 KN;SIllENTIAI NE1G11BORt100D L 14 -- — )` 1 _ I i l'J °� � i - ---------- i I . :....... . .. i :i . . El ° NORTH EAST BASS LAIKIPP ROAD/ WINNET]KA AVENUE S T IJDV OPTiON A 0 100 200 400 LI L ` �� `� �' �, � t .,� � ,� I; =� i�� } �`�, L U -CR.AI)E POND AS 0 l rr A 'SITE AND"Ni TY ... . .. ..... A 4 MATCH DRLVEWAY LOC.AXIONS - J " l l l PEDESTRIAN PATH I 1 _.._ J..i 1 , ,\ 11111111111111 _ _ •` � - �- � � � I�- !('� , , � f � � PLAZA W/ A 4 S-I'()RY.AIIAR*J:rvl ENT WI , "I'll .A. (96 UNI'J'S Wl UNDERGROUND PARKING) �PRKING BELOW z f Lj p X \3 STORY APARTMENT WINGS (60 UNfrS W/ UNDERG'ROUND PARKING) : J � F VM it i Li . � I It 1� 1W N 011110 EAS'F BASS LAKE ROAD/ WINNETKA AVENUE STUDY u LOO 200 400 OPTION B W for ail To: Planning Commission From: Curtis Jacobsen, Director of Community Development Date: July 2, 2010 Subject: Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on Council /EDA actions on Community Development related issues or other city projects. June 14 Council meeting — The following planning / development/housing items were discussed: • Update from New Hope Planning Commission See attached Council request. • Resolution - awarding contract to ACT Traffic Solutions Inc. for construction of two solar - po wered driver feedback signs for Safe Routes to School infrastructure improvements at Sonnesyn Elementary School Approved, see attached Council request. • Resolution approving master public assistance agreement and related documents for use i n c onjunction with Twin Cities Habitat for Humanity Inc.. assisting the city in use of NSP (Neighborhood Stabilization Program) funding within New Hope Approved, see attached Council request. • Resolution approving First Look Program Acquisition Agreement with Twin Cities Community Land Bank (TCCLB) Approved, see attached Council request. • Ordinance No 2010-07, an ordinance amending chapter 8 -6 of the New Hope city code regulating solicitors, peddlers, hawkers and transient merchants Adopted with one minor amendment, see attached Council request and ordinance. 2. Tune 28 Council meeting — The following planning /development/housing items were discussed: • PC08 06, Resolution reducing the performance bond for Holiday Station Store at 7180 42nd Avenue Approved, see attached Council request. • Project 861 Resolution awarding a contract for construction of Bass Lake Road water main infra structure improvements to Northdale Construction Company for $ 991,806.81: Approved, see attached Council request. • Reso lution adopting an updated business subsidy policy for the city of New Hope Approved, see attached Council request. (also approved by the EDA) Miscellaneous Issues Page 1 7/2/10 • Project #842 Update on City Center redevelopment project See attached Council request. Mr. Schoening updated the Council on the lack of progress to date for the school district site. The consensus of the Council was to let the interim agreement with Ryan Companies expire on August 11, 2010. The Council suggested that Ryan Companies work with the city to explore other areas within the city for possible redevelopment projects. • Ordinance 2010 -08, An ordinance amending chapter 9 -19 of the New Hope City Code regulating the use of coal tar -based sealer products Adopted, see attached Council request. 3. Codes and Standards Committee - The Codes and Standards Committee did not meet in June. 4. Design and Review Committee - The Design and Review Committee did not meet in June. One pre- application meeting is scheduled for July 2 and staff will let the committee know if it will be moving forward. 5. Planning Commission/City Council Work Session Minutes Attached are the minutes from the June 1 joint meeting with the City Council. 6. City Center Transit Oriented Development (TOD) Study - Roger Landy represents the Planning Commission on the Project Advisory Committee (PAC). Roger was unable to attend the last PAC meeting on June 23. The PAC discussed some preliminary designs for streetscaping. There was also discussion of a joint Planning, CAC, Council meeting on August 11 from 6:30 to 8:30 p.m. 7. If you have any questions on any of these items, please feel free to contact city staff. Attachments: Update from Planning Commission Safe Route to School Habitat for Humanity agreement First Look Program Acquisition agreement Solicitors /peddlers ordinance amendment Holiday Station Store performance bond reduction Bass Lake Road water main contract Business subsidy policy City Center redevelopment project update Coal tar -based sealer products ordinance June 1 Council work session minutes Miscellaneous Issues Page 2 7/2/10